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Triple Talaq In India
''Triple talaq'' (instant divorce) and ''talaq-e-mughallazah'' (irrevocable divorce) are now banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word ''talaq'' (the Arabic word for "divorce") (in spoken, written or, more recently, electronic form). The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (''talaq-e-biddah'') unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconst ...
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Triple Talaq
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love (''mawadda wa rahma'', 30:21) and important decisions concerning both ...
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Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi. The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500). Currently, the house has 543 seats which are made up by the election of up to 543 elected members and at a maximum. Between 1952 and 2020, 2 additional members of the Anglo-Indian community were also nominated by the President of India on the advice of Government of India, which was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019. The ...
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Malik Ibn Anas
Malik ibn Anas ( ar, مَالِك بن أَنَس, ‎ 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī al-Ḥumyarī al-Madanī ( ar, مَالِك بِن أَنَس بِن مَالِك بن أَبِي عَامِر بِن عَمْرو بِن ٱلْحَارِث بِن غَيْمَان بِن خُثَين بِن عَمْرو بِن ٱلْحَارِث ٱلْأَصْبَحِي ٱلْحُمَيْرِي ٱلْمَدَنِي), reverently known as ''al-Imām Mālik'' ( ar, ٱلْإِمَام مَالِك) by Sunni Muslims, was an Arab Muslim jurist, theologian, and hadith traditionist.Schacht, J., "Mālik b. Anas", in: ''Encyclopaedia of Islam, Second Edition'', Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs. Brill Online. Born in the city of Medina, Malik rose to become the premier scholar of prophetic traditions ...
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Abu Hanifa
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān ( ar, نعمان بن ثابت بن زوطا بن مرزبان; –767), commonly known by his '' kunya'' Abū Ḥanīfa ( ar, أبو حنيفة), or reverently as Imam Abū Ḥanīfa by Sunni Muslims, was a Persian Sunni Muslim theologian and juristPakatchi, Ahmad and Umar, Suheyl, "Abū Ḥanīfa", in: ''Encyclopaedia Islamica'', Editors-in-Chief: Wilferd Madelung and, Farhad Daftary. who became the eponymous founder of the Hanafi school of Sunni jurisprudence, which has remained the most widely practiced law school in the Sunni tradition, predominates in Central Asia, Afghanistan, Iran (until the 16th century), Balkans, Russia, Chechnya, Pakistan, Bangladesh, Muslims in India, Turkey, and some parts of the Arab world. Some followers call him ''al-Imām al-Aʿẓam'' ("The Greatest Imam") and ''Sirāj al-Aʾimma'' ("The Lamp of the Imams") in Sunni Islam. Born to a Muslim family in Kufa, Abu Hanifa is known to have travelled ...
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Sahih Muslim
Sahih Muslim ( ar, صحيح مسلم, translit=Ṣaḥīḥ Muslim), group=note is a 9th-century ''hadith'' collection and a book of '' sunnah'' compiled by the Persian scholar Muslim ibn al-Ḥajjāj (815–875). It is one of the most valued books in Sunni Islam after the Quran, alongside ''Sahih al-Bukhari''. Sahih Muslim is also one of the Kutub al-Sittah, the six major Sunni collections of ''hadith'' of the Islamic prophet Muhammad. The book is also revered by Zaydi Shias. It consists of approximately 7,500 ''hadith'' narrations across its introduction and 56 books. Content Sahih Muslim contains approximately 5,500 - 7,500 ''hadith'' narrations in its introduction and 56 books. Kâtip Çelebi (d. 1657) and Siddiq Hasan Khan (d. 1890) both counted 7,275 narrations. Muhammad Fuad Abdul Baqi wrote that there are 3,033 narrations without considering repetitions.''Hadith and the Quran'', Encyclopedia of the Quran, Brill Mashhur ibn Hasan Al Salman, a student of Al-Albani (d. 199 ...
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Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, God. It is organized in 114 surah, chapters (pl.: , sing.: ), which consist of āyah, verses (pl.: , sing.: , construct case, cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the Khatam an-Nabiyyin, final prophet, Muhammad in Islam, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine message ...
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Muhammad
Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, divinely inspired to preach and confirm the tawhid, monotheistic teachings of Adam in Islam, Adam, Abraham in Islam, Abraham, Moses in Islam, Moses, Jesus in Islam, Jesus, and other Prophets and messengers in Islam, prophets. He is believed to be the Seal of the Prophets within Islam. Muhammad united Arabian Peninsula, Arabia into a single Muslim polity, with the Quran as well as his teachings and practices forming the basis of Islamic religious belief. Muhammad was born approximately 570CE in Mecca. He was the son of Abdullah ibn Abd al-Muttalib and Amina bint Wahb. His father Abdullah was the son of Quraysh tribal leader Abd al-Muttalib ibn Hashim, and he died a few months before Muhammad's birth. His mother Amina died when he was six, lea ...
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An-Nasa'i
Al-Nasāʾī (214 – 303 AH; 829 – 915 CE), full name Abū ʿAbd al-Raḥmān Aḥmad ibn Shuʿayb ibn ʿAlī ibn Sīnān al-Nasāʾī, (variant: Abu Abdel-rahman Ahmed ibn Shua'ib ibn Ali ibn Sinan ibn Bahr ibn Dinar Al-Khurasani), was a noted collector of hadith (sayings of Muhammad),Ludwig W. Adamec (2009), ''Historical Dictionary of Islam'', p.138. Scarecrow Press. . of Persian origin from the city of Nasa (early Khorasan and present day Turkmenistan), and the author of "''As-Sunan''", one of the six canonical hadith collections recognized by Sunni Muslims. From his "''As-Sunan al-Kubra'' (The Large Sunan)" he wrote an abridged version, "''Al-Mujtaba''" or '' Sunan al-Sughra'' (The Concise Sunan). Of the fifteen books he is known to have written, six treat the science of hadīth. Biography Al-Nasa'i himself states he was born in the year 830 (215 h.) - although some say it was in 829 or 869 (214 or 255 h.) - in the city of Nasa in present-day Turkmenistan - ...
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Hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators. In other words, the ḥadīth are transmitted reports attributed to what Muhammad said and did. Hadith have been called by some as "the backbone" of Islamic civilization, J.A.C. Brown, ''Misquoting Muhammad'', 2014: p.6 and for many the authority of hadith as a source for religious law and moral guidance ranks second only to that of the Quran (which Muslims hold to be the word of God revealed to Muhammad). Most Muslims believe that scriptural authority for hadith comes from the Quran, which enjoins Muslims to emulate Muhammad and obey his judgements (in verses such as , ). While the number of verses pertaining to law in the Quran is relatively few, hadith are co ...
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Umar
ʿUmar ibn al-Khaṭṭāb ( ar, عمر بن الخطاب, also spelled Omar, ) was the second Rashidun caliph, ruling from August 634 until his assassination in 644. He succeeded Abu Bakr () as the second caliph of the Rashidun Caliphate on 23 August 634. Umar was a senior companion and father-in-law of the Islamic prophet Muhammad. He was also an expert Muslim jurist known for his pious and just nature, which earned him the epithet ''al-Fārūq'' ("the one who distinguishes (between right and wrong)"). Umar initially opposed Muhammad, his distant Qurayshite kinsman and later son-in-law. Following his conversion to Islam in 616, he became the first Muslim to openly pray at the Kaaba. Umar participated in almost all battles and expeditions under Muhammad, who bestowed the title ''al-Fārūq'' ('the Distinguisher') upon Umar, for his judgements. After Muhammad's death in June 632, Umar pledged allegiance to Abu Bakr () as the first caliph and served as the closest adviser t ...
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Nikah Halala
''Nikah halala'' ( ur, نکاح حلالہ), also known as ''tahleel'' marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. ''Nikah'' means marriage and ''halala'' means to make something halal, or permissible. This form of marriage is haram (forbidden) according to the hadith of Islamic prophet Muhammad. Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq. Islamic law In classical Islamic law, a husband may divorce by simply announcing to his wife that he repudiates her (talaq). The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the divorce at any time during the waiting period (''‘iddah'') which lasts three full menstrual cycles. Resumption of sexual relations automatically retract ...
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Iddat
In Islam, ''iddah'' or ''iddat'' ( ar, العدة, al-ʿidda; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband. The length of ‘iddah varies according to a number of circumstances. Generally, the ‘iddah of a divorced woman is three lunar months (i.e. about 89 days), but if the marriage was not consummated there is no ‘iddah. For a woman whose husband has died, the ‘iddah is four lunar months and ten days (i.e. about 128 days) after the death of her husband, whether or not the marriage was consummated. If a woman is pregnant when she is widowed or divorced, the ‘iddah lasts until she gives birth. Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she migh ...
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